derivative claim (Hawaii) · Go Syfert
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derivative claim in Hawaii

7 Hawaii opinions name it 2 courts 1983–2026 1 in the last five years

The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
In re: The Petition for the Coordination of Maui Fire Cases. S.Ct. Order, filed 02/10/2025 [ada].green
haw · 2025 · cited in 1 Hawaii opinions naming this issue, 2026–2026
2 sentences

2026See id. at 416, 432, 565 P.3d at 761, 777 .

2026See id. at 416, 432, 565 P.3d at 761, 777.

11
Emerson v. Southern Ry. Co.green
ala · 1981 · cited in 1 Hawaii opinions naming this issue, 2004–2004
2 sentences

2004Co., 404 So.2d 576, 580 (Ala.1981) (noting that “the derivative claim for loss of consortium of a spouse or parent is not subject to the tolling statute of the infant”); Smith v. Long Beach City Sch.

2004Co., 404 So.2d 576, 580 (Ala.1981) (noting that "the derivative claim for loss of consortium of a spouse or parent is not subject to the tolling statute of the infant"); Smith v. Long Beach City Sch.

11
Smith v. Long Beach City School Districtgreen
nyappdiv · 2000 · cited in 1 Hawaii opinions naming this issue, 2004–2004
2 sentences

2004Dist., 276 A.D.2d 785 , 715 N.Y.S.2d 707, 708 (2000) (observing that "the infancy toll is personal to the infant and does not extend to the parents' derivative claims").

2004Dist., 276 A.D.2d 785 , 715 N.Y.S.2d 707, 708 (2000) (observing that "the infancy toll is personal to the infant and does not extend to the parents' derivative claims").

11
Smachlo v. Birkelogreen
ded · 1983 · cited in 1 Hawaii opinions naming this issue, 2001–2001
1 sentence

2001Smachlo v. Birkelo, 576 F.Supp. 1439, 1442-43 (D.Del.1983).

11
Shinn v. Edwin Yee, Ltd.green
haw · 1976 · cited in 1 Hawaii opinions naming this issue, 2001–2001
2 sentences

2001See Shinn, 57 Haw. at 217-20 , 553 P.2d at 736-38 .

2001See Shinn, 57 Haw. at 217-20 , 553 P.2d at 736-38 .

11
Saranillio v. Silvagreen
haw · 1995 · cited in 1 Hawaii opinions naming this issue, 1998–1998
2 sentences

1998This treatment is consistent with Saranillio v. Silva, 78 Hawai'i 1, 13 , 889 P.2d 685, 697 (1995) (holding that a vicariously liable employer is a joint tortfeasor with its employee under HRS § 663-11 (1985)). 6 .

1998This treatment is consistent with Saranillio v. Silva, 78 Hawai'i 1, 13 , 889 P.2d 685, 697 (1995) (holding that a vicariously liable employer is a joint tortfeasor with its employee under HRS § 663-11 (1985)). 6 .

11
Yamamoto v. Premier Insurancegreen
hawapp · 1983 · cited in 1 Hawaii opinions naming this issue, 1998–1998
2 sentences

1998Co., 4 Haw.App. 429, 435 , 668 P.2d 42, 48 (1983), this court recognized that "loss of consortium is a derivative claim arising from the loss of services, companionship, society, and conjugal benefits caused by injuries which were negligently or wrongfully inflicted upon one’s spouse.” The reference to "consortium” in this case thus seems inappropriate and should be deleted from the instructions on remand. 5 .

1998Co., 4 Haw.App. 429, 435 , 668 P.2d 42, 48 (1983), this court recognized that "loss of consortium is a derivative claim arising from the loss of services, companionship, society, and conjugal benefits caused by injuries which were negligently or wrongfully inflicted upon one’s spouse.” The reference to "consortium” in this case thus seems inappropriate and should be deleted from the instructions on remand. 5 .

11
Barker v. Scottgreen
nysupct · 1975 · cited in 1 Hawaii opinions naming this issue, 1986–1986
2 sentences

1986Id. 81 Misc. 2d at 415-16 , 365 N.Y.S.2d at 758 (emphasis in original).

1986Id. 81 Misc. 2d at 415-16 , 365 N.Y.S.2d at 758 (emphasis in original).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Reliable Collection Agency, Ltd. v. Cole green
haw · 1978
2 sentences

2008Id. at 509-10 , 584 P.2d at 111 . [28] Cort v. Ash involved a stockholder's action against a corporation and its directors, seeking an injunction and asserting a derivative claim for damages based on alleged violations of a criminal statute prohibiting corporate expenditures on campaigns for federal office, which provided for only a criminal penalty.

2008Id. at 509-10 , 584 P.2d at 111 . [28] Cort v. Ash involved a stockholder's action against a corporation and its directors, seeking an injunction and asserting a derivative claim for damages based on alleged violations of a criminal statute prohibiting corporate expenditures on campaigns for federal office, which provided for only a criminal penalty.

12008–2008
Christie v. Maxwell green
washctapp · 1985
2 sentences

1986Although the modern trend of tort law is to consider loss of consortium as an injury to the deprived spouse giving rise to a separate and independent action for damages, see generally, Prosser, Torts § 125 (5th ed. 1984); see also Annot., 36 A.L.R. 3d 900 (1971); Lantis v. Condon, 95 Cal. App. 3d 152 , 157 Cal. Rptr. 22 (1979); Christie v. Maxwell, 40 Wash. App. 40 , 696 P.2d 1256 (1985), nevertheless, it remains a derivative claim dependent for its viability upon the personal injury to one’s spouse.

1986Although the modern trend of tort law is to consider loss of consortium as an injury to the deprived spouse giving rise to a separate and independent action for damages, see generally, Prosser, Torts § 125 (5th ed. 1984); see also Annot., 36 A.L.R. 3d 900 (1971); Lantis v. Condon, 95 Cal. App. 3d 152 , 157 Cal. Rptr. 22 (1979); Christie v. Maxwell, 40 Wash. App. 40 , 696 P.2d 1256 (1985), nevertheless, it remains a derivative claim dependent for its viability upon the personal injury to one’s spouse.

11986–1986
Lantis v. Condon green
calctapp · 1979
2 sentences

1986Although the modern trend of tort law is to consider loss of consortium as an injury to the deprived spouse giving rise to a separate and independent action for damages, see generally, Prosser, Torts § 125 (5th ed. 1984); see also Annot., 36 A.L.R. 3d 900 (1971); Lantis v. Condon, 95 Cal. App. 3d 152 , 157 Cal. Rptr. 22 (1979); Christie v. Maxwell, 40 Wash. App. 40 , 696 P.2d 1256 (1985), nevertheless, it remains a derivative claim dependent for its viability upon the personal injury to one’s spouse.

1986Although the modern trend of tort law is to consider loss of consortium as an injury to the deprived spouse giving rise to a separate and independent action for damages, see generally, Prosser, Torts § 125 (5th ed. 1984); see also Annot., 36 A.L.R. 3d 900 (1971); Lantis v. Condon, 95 Cal. App. 3d 152 , 157 Cal. Rptr. 22 (1979); Christie v. Maxwell, 40 Wash. App. 40 , 696 P.2d 1256 (1985), nevertheless, it remains a derivative claim dependent for its viability upon the personal injury to one’s spouse.

11986–1986
Towse v. State green
haw · 1982
2 sentences

1983Jur. 2d Husband & Wife § 450 (1968); Towse v. State, 64 Haw. 624 , 647 P.2d 696 (1982).

1983Jur. 2d Husband & Wife § 450 (1968); Towse v. State, 64 Haw. 624 , 647 P.2d 696 (1982).

11983–1983

Where else courts name it

NY 181 (1913–2026) DE 124 (1957–2026) CA 81 (1962–2026) TX 77 (1977–2026) OH 69 (1968–2026) PA 68 (1962–2026) IL 65 (1984–2023) FL 39 (1977–2023) NJ 30 (1950–2024) NC 27 (1986–2025) MA 25 (1990–2025) CT 25 (1991–2025) GA 24 (1983–2025) WI 24 (1987–2023) MI 24 (1936–2023) IN 22 (1979–2024) MD 18 (1976–2025) TN 17 (1952–2021) MS 16 (1990–2024) WV 16 (1986–2025) LA 16 (1992–2024) NV 14 (2016–2025) VA 14 (1998–2025) AL 14 (1981–2016) MO 13 (1958–2023) NM 13 (1996–2025) MN 12 (1963–2017) CO 12 (1977–2021) AZ 10 (1996–2026) IA 10 (1975–2024) WA 10 (1968–2020) ME 9 (1990–2023) UT 8 (1999–2025) HI 7 (1983–2026) VT 5 (1998–2026) RI 4 (2003–2009) SC 4 (2000–2022) OK 4 (1996–2026) WY 4 (2019–2023) AK 3 (1971–2009) OR 3 (1994–2020) KY 3 (1999–2020) NE 2 (2021–2024) SD 2 (1998–1998) AR 2 (1998–2006) ND 2 (1994–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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